Section 10.7 Planning Certificates NSW 2026: Complete Guide to What Your Zoning Certificate Reveals Before You Build
Author: Franz Phan, Senior Planning Consultant, giantA Pty Ltd (15+ years NSW development experience)
What Is a Section 10.7 Planning Certificate in NSW?
A Section 10.7 Planning Certificate (formerly Section 149 Certificate) is the official council-issued document that discloses every planning, environmental, and infrastructure constraint the local council is aware of on a parcel of land. Created under Section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW), it is the single most important due diligence document a NSW developer or homeowner can order before purchasing land or lodging a Development Application. The certificate carries a statutory presumption of accuracy under section 10.7(7), meaning if the certificate is wrong, the council cannot later argue otherwise in proceedings against the relying party.
For anyone planning to build, renovate, subdivide, or develop in NSW, the 10.7 certificate reveals zoning, permitted land uses, heritage listings, bushfire-prone land, flood overlays, contamination advice, and draft planning instruments that may reshape what you can build on the site. It is the foundation document for every feasibility assessment giantA conducts for clients across Sydney and regional NSW.
Section 10.7(2) vs Section 10.7(2) and (5): Which One Do You Need?
The two certificate types differ in scope and legal weight. A 10.7(2) certificate contains only the statutorily prescribed matters under Schedule 2 of the Environmental Planning and Assessment Regulation 2021 (NSW) — 25 mandatory disclosures the council must include. A 10.7(2) and (5) certificate adds the council's discretionary advice under subsection (5), covering matters the council is aware of but not legally required to disclose, such as Sydney Water service status, road corridor reservations, voluntary planning agreements, and pre-DA discussions with adjoining owners.
| Feature | Section 10.7(2) | Section 10.7(2) and (5) |
|---|---|---|
| Mandatory Schedule 2 matters | Yes — all 25 prescribed items | Yes — all 25 prescribed items |
| Discretionary council advice | No | Yes — other authorities, VPAs, flood advice |
| Statutory presumption (s10.7(7)) | Yes — conclusively presumed true | Yes for (2) part; (5) given without liability |
| Contaminated land liability carve-back | Applies | Applies — council liable for contaminated land advice |
| Required for contract of sale | Yes — vendor must attach | No — buyer's responsibility to order |
| Typical fee (2025–26) | ~$107 (prescribed maximum) | ~$150–$200 (varies by council) |
| Processing time | 5–10 business days | 5–10 business days |
| Best for | Contract compliance, basic zoning check | Pre-acquisition due diligence, development feasibility |
For developers and anyone seriously evaluating a site for construction, giantA recommends ordering the full 10.7(2) and (5) certificate at offer stage — not at exchange. By the time the contract-attached certificate arrives, the buyer has already committed to a price. Ordering at offer stage means you can shape the purchase price, deposit, and special conditions around the actual disclosure rather than discovering constraints after commitment.
What Information Does a Section 10.7 Certificate Reveal?
The 25 prescribed matters in Schedule 2 of the EP&A Regulation 2021 cover the full spectrum of planning controls and site constraints. Here is what each category reveals and why it matters for your building project:
Zoning and Permissible Land Uses
The certificate identifies the zone (for example, R2 Low Density Residential, R3 Medium Density Residential, or E4 Environmental Living), the purposes for which development may be carried out with consent, without consent, and is prohibited. It also discloses whether additional permitted uses apply via Schedule 1 of the relevant Local Environmental Plan (LEP).
The zone is the starting point, not the answer. A site zoned R3 Medium Density Residential with a 9.5m height limit and 0.5:1 floor space ratio (FSR) yields very differently from an R3 site with 11.5m height and 0.8:1 FSR. The certificate tells you which instrument to read; it does not summarise the development controls for you.
Heritage Listings and Conservation Areas
The certificate discloses whether an item of environmental heritage is located on the land, whether the land is within a heritage conservation area, and whether any interim heritage orders apply. For renovation or demolition projects in established Sydney suburbs — Marrickville, Paddington, Balmain, Hunters Hill — a heritage notation can fundamentally alter the development pathway, requiring a Heritage Impact Statement and potentially restricting demolition to rear additions only.
Bushfire-Prone Land
If the land is designated as bushfire-prone by the NSW Rural Fire Service, the certificate must disclose it. This triggers a Bushfire Attack Level (BAL) assessment requirement, which can add $10,000–$50,000+ to construction costs depending on the BAL rating (BAL-12.5 through BAL-FZ). For sites in the Sutherland Shire, Blue Mountains, Northern Beaches, and Wollondilly, this notation is common and should be factored into feasibility before purchase.
Flood-Related Land
The certificate identifies whether the land is affected by flood-related development controls, including flood planning levels, floodways, and high hazard flood areas. A flood notation pushes the slab elevation, requires additional engineering for basement parking, and may reduce the developable area through setback requirements. In LGAs like Canterbury-Bankstown, Fairfield, and Penrith, flood overlays are widespread and frequently reshape project feasibility.
Contaminated Land
The certificate discloses whether the land is subject to contaminated land management orders, declarations, or investigations under the Contaminated Land Management Act 1997 (NSW). Critically, this is the one category where the council remains liable for advice given under subsection (5) — the contaminated land carve-back. If a council fails to disclose known contamination, the developer has strong grounds for reliance and potential recourse.
Draft Planning Instruments
Since 1 October 2022, the certificate must disclose draft environmental planning instruments and draft development control plans that have been publicly exhibited, provided exhibition ended within the last three years. A draft LEP amendment that has been exhibited and is on the path to gazettal could materially shift the controls under which a current DA would be assessed. Councils increasingly treat exhibited draft instruments as "matters to be considered" under section 4.15(1) of the EP&A Act.
How to Read a Section 10.7 Certificate: A Step-by-Step Guide
Reading a 10.7 certificate systematically is the difference between catching a deal-breaking constraint before exchange and discovering it after settlement. Here is the sequence giantA's planning team follows on every acquisition assessment:
| Step | What to Check | Why It Matters |
|---|---|---|
| 1 | Confirm the certificate type: 10.7(2) or 10.7(2) and (5) | Determines whether you have the full discretionary advice or only mandatory disclosures |
| 2 | Read the zoning notation and cross-reference to the LEP | The zone defines permissible uses, but height, FSR, and minimum lot size come from the LEP clauses, not the certificate |
| 3 | Check for draft instruments under matter 1 | An exhibited draft LEP or DCP may change the assessment framework before your DA is determined |
| 4 | Scan for heritage notations under matter 2(g) | Heritage listings can restrict demolition, require impact statements, and extend approval timelines by 4–8 weeks |
| 5 | Check bushfire-prone land under matter 5 | Triggers BAL assessment, adds construction cost, and may reduce yield through asset protection zones |
| 6 | Check flood notations under matter 7 | Affects slab level, basement design, and may require additional hydraulic engineering |
| 7 | Review contaminated land under matters 10 and 22 | The one category where council remains liable — high-reliability disclosure |
| 8 | Read the (5) advice section if applicable | VPAs, Sydney Water service status, road corridor reservations, and other authority advice |
| 9 | Check the certificate date | Certificates older than three months may not reflect the current planning position |
| 10 | Cross-reference all notations to the underlying instruments | The certificate names instruments; it does not reproduce their full text |
How Much Does a Section 10.7 Certificate Cost in NSW?
The prescribed maximum fee for a Section 10.7(2) certificate is set under the Environmental Planning and Assessment Regulation 2021 and is updated annually, typically in July. For the 2025–26 fee year, the maximum sits at approximately $107. Councils can charge less but not more. A 10.7(2) and (5) certificate carries a higher fee because of the additional discretionary advice, typically ranging from $150 to $200 depending on the council.
| Certificate Type | Prescribed Maximum Fee (2025–26) | Typical Council Fee Range | Processing Time |
|---|---|---|---|
| Section 10.7(2) | ~$107 | $90–$107 | 5–10 business days |
| Section 10.7(2) and (5) | Higher (varies) | $150–$200 | 5–10 business days |
| Expedited processing | Not available via regulation | Some councils offer priority for additional fee | 2–3 business days (where available) |
Fees are set per the regulations and confirmed on each council's annual fees and charges schedule. The Inner West Council, for example, listed $156.00 for a 10.7(2) and (5) certificate in its 2026–27 schedule. Always check the current figure on the legislation site or your council's fees and charges schedule before quoting a dollar amount.
When Should You Order a Section 10.7 Certificate?
The timing of ordering a 10.7 certificate has a direct impact on development outcomes. Here is how the timing differs by stakeholder:
For Homeowners
If you are buying a property with renovation or extension intentions, order the full 10.7(2) and (5) before exchange. The contract-attached certificate is typically a 10.7(2) only, ordered by the vendor's conveyancer months earlier, and may not reflect the current planning position. If the certificate reveals a flood overlay, bushfire-prone designation, or heritage conservation area that you were not expecting, you need that information before committing to the purchase — not after.
For Developers
Order the 10.7(2) and (5) at offer stage, not at exchange. By exchange, the price is committed and most contract conditions are locked in. At offer stage, the certificate disclosure can shape the purchase price, deposit structure, and special conditions. A $200 certificate is the cheapest piece of due diligence in the NSW acquisition stack, and it carries a statutory presumption of accuracy that protects the relying party.
For Builders and Certifiers
If you are engaged after purchase, request the most recent 10.7 certificate from the owner. Certificates more than three months old may not reflect draft instrument changes or new bushfire-prone land designations. For complying development certificate (CDC) applications, the certifier needs to confirm that the land is not excluded from the CDC pathway — and the 10.7 certificate is the primary source for that confirmation.
What a Section 10.7 Certificate Does NOT Tell You
The certificate is the most comprehensive single planning document available, but it has limits. Understanding what it does not cover is as important as understanding what it does:
| What the Certificate Does Not Disclose | Why It Matters | Where to Get This Information |
|---|---|---|
| Detailed development controls (height, FSR, setbacks) | The certificate names the LEP and DCP but does not reproduce their content | Read the LEP and DCP on the NSW Legislation website or council's website |
| Title boundaries and easements | The certificate is a planning document, not a title document | Order a Title Search and plan from NSW Land Registry Services |
| Service connection capacity | Sydney Water, NBN, and electrical capacity are not confirmed on the certificate | Contact the service provider directly for a capacity letter |
| Building condition and structural integrity | The certificate is planning-focused, not building-focused | Engage a building inspector for a pre-purchase inspection report |
| Tree preservation orders on specific trees | The certificate may note the DCP contains tree controls but does not identify individual trees | Request a tree inspection from the council arborist |
| Council's internal pre-DA advice | Unless captured in the (5) advice, pre-DA discussions are not disclosed | Lodge a formal pre-DA meeting request with the council |
The Statutory Protection: Section 10.7(7) Explained
One of the most powerful features of the 10.7 certificate is the statutory presumption under section 10.7(7) of the EP&A Act. This provision states that a planning certificate is "conclusively presumed to be true and correct" in favour of the person who obtained it or who might reasonably be expected to rely on it.
In practical terms, if a developer relies on what the certificate says about the absence of a development control plan affecting the land, and that reliance later leads to a regulatory issue, the council cannot argue that the certificate was wrong. The statutory presumption operates as a near-absolute defence for the relying party.
However, this protection does not extend to the discretionary (5) advice, which is given without liability under subsection (6) — with one critical exception: contaminated land advice. The contaminated land carve-back under Schedule 6 means the council remains liable for advice about contamination, giving the council every incentive to be cautious and accurate, and giving the developer the strongest grounds for relying on what is — or is not — disclosed.
Real Project Examples from giantA's NSW Practice
Example 1: Heritage Surprise in Marrickville
A client engaged giantA to design a rear duplex on a 620m² block in Marrickville, within the Inner West Council LGA. The contract-attached 10.7(2) certificate was eight months old and did not flag any heritage constraints. When we ordered a fresh 10.7(2) and (5) at the design briefing stage, the new certificate revealed the property had been included in a newly gazetted heritage conservation area extension. This triggered a Heritage Impact Statement requirement, extended the approval timeline by six weeks, and required a revised design that preserved the existing streetscape facade. The total additional cost: $18,000 in consultant fees and redesign time. Had the certificate been ordered before exchange, the purchase price would have reflected this constraint.
Example 2: Flood Overlay in Penrith
A developer client was evaluating a 1,200m² site in Penrith for a six-unit townhouse development. The 10.7(2) and (5) certificate ordered at offer stage revealed a flood planning level notation that had been updated in the council's flood study only three months earlier. The notation required the finished floor level to be set 600mm above the existing ground level, which added $85,000 to the slab and earthworks cost and reduced the basement parking yield from 12 spaces to 8. The client renegotiated the purchase price down by $120,000 based on the certificate disclosure — a return of 600x on the $200 certificate fee.
Example 3: Draft LEP Amendment in Liverpool
A client was planning a mixed-use development on a site zoned B2 Local Centre in Liverpool. The 10.7 certificate disclosed a draft LEP amendment that had been publicly exhibited and was on the path to gazettal. The draft amendment would rezone the site to B4 Mixed Use and increase the height limit from 12m to 18m. Rather than lodging a DA under the existing controls, we advised the client to wait for gazettal — which occurred four months later — and design under the new controls. The result: an additional two storeys of residential yield, worth approximately $1.2M in gross saleable value, that would not have been possible under the pre-amendment framework.
The Online Section 10.7 Planning Certificate Service
The NSW Planning Portal now offers a digital service enabling customers to apply online to councils for Section 10.7 Planning Certificates. The service is not mandatory but is available in local government areas where councils choose to adopt it. The portal integration means a 10.7 application can be used to start either a Development Application (DA) or a Complying Development Certificate (CDC) application, streamlining the pre-lodgement workflow.
For developers running multiple site assessments, the online service reduces the administrative friction of ordering certificates across different council portals. The data from the 10.7 application feeds directly into the DA or CDC application, reducing duplicate data entry and ensuring consistency between the certificate disclosure and the application narrative.
Frequently Asked Questions
What is a Section 10.7 Planning Certificate?
A Section 10.7 Planning Certificate is a council-issued document under Section 10.7 of the Environmental Planning and Assessment Act 1979 (NSW) that discloses zoning, permitted land uses, heritage listings, bushfire-prone land, flood overlays, contaminated land advice, and draft planning instruments affecting a parcel of land. Formerly known as a Section 149 Certificate, it is the primary planning due diligence document in NSW and carries a statutory presumption of accuracy under section 10.7(7).
What is the difference between a 10.7(2) and a 10.7(2) and (5) certificate?
A 10.7(2) certificate contains only the 25 statutorily prescribed matters under Schedule 2 of the EP&A Regulation 2021. A 10.7(2) and (5) certificate adds the council's discretionary advice under subsection (5), including information from other authorities (Sydney Water, road corridors), voluntary planning agreements, and other relevant matters the council is aware of but not required to disclose. The (5) advice is given without liability, except for contaminated land advice where the council remains liable.
How much does a Section 10.7 certificate cost in NSW?
The prescribed maximum fee for a 10.7(2) certificate is approximately $107 for the 2025–26 fee year, set under the Environmental Planning and Assessment Regulation 2021. A 10.7(2) and (5) certificate typically costs between $150 and $200, depending on the council. Fees are updated annually, usually in July. Check the current figure on the NSW Legislation website or your council's fees and charges schedule.
How long is a Section 10.7 certificate valid for?
A Section 10.7 certificate does not have a fixed expiry date. However, it is a snapshot of the planning position at the time of issue. Certificates more than three months old may not reflect draft instrument changes, new bushfire-prone land designations, or updated flood studies. For contract purposes, conveyancers typically attach a certificate dated no more than three months before exchange.
Does a Section 10.7 certificate show flood risk?
Yes. If the land is affected by flood-related development controls, the certificate must disclose this under the prescribed Schedule 2 matters. The notation identifies flood planning levels, floodways, and high hazard flood areas. However, the certificate does not provide detailed flood modelling — for that, you need to request the council's flood study or engage a hydraulic engineer.
Can I order a Section 10.7 certificate myself?
Yes. Any person can order a Section 10.7 certificate directly from the local council for the area where the property is located. You do not need to be the property owner. You can apply through the NSW Planning Portal's online service (where available) or directly through the council's customer service portal.
Is a Section 10.7 certificate required for a DA?
A Section 10.7 certificate is not strictly required to lodge a Development Application, but councils and certifiers routinely request it as supporting documentation. For a Complying Development Certificate (CDC), the certifier needs to confirm the land is not excluded from the CDC pathway, and the 10.7 certificate is the primary source for that confirmation. For contract of sale purposes, the vendor must attach a 10.7(2) certificate to the vendor statement under the Conveyancing (Sale of Land) Regulation 2022.
Does a Section 10.7 certificate show bushfire risk?
Yes. If the land is designated as bushfire-prone by the NSW Rural Fire Service, the certificate must disclose it under the prescribed Schedule 2 matters. This triggers a Bushfire Attack Level (BAL) assessment requirement, which can add $10,000–$50,000+ to construction costs depending on the BAL rating. The certificate names the bushfire-prone land map but does not provide the BAL rating itself — that requires a separate BAL assessment by a qualified consultant.
How giantA Can Help
At giantA, we order and interpret Section 10.7 certificates as the first step in every feasibility assessment and pre-DA consultation. Our planning team reads the certificate systematically against Schedule 2, cross-references every notation to the underlying planning instruments, and translates the disclosure into a clear development feasibility picture — what you can build, what constraints apply, and what the approval pathway looks like.
Whether you are a homeowner evaluating a renovation purchase, a developer running acquisition due diligence, or a builder needing to confirm a CDC pathway, a properly read 10.7 certificate is the foundation of a well-run NSW project. Contact giantA for a pre-acquisition feasibility assessment or a pre-DA planning review — we will order the certificate, interpret every line, and advise on the development pathway that maximises your site's potential.
Contact giantA Pty Ltd | Phone: (02) 8000 1000 | Email: hello@gianta.com.au | Web: gianta.com.au
This article is for general information only and does not constitute legal, planning, or financial advice. NSW planning regulations change frequently — always verify current requirements against the live legislation on legislation.nsw.gov.au and the NSW Planning Portal at planningportal.nsw.gov.au. Last reviewed September 2026.